Internet responsibility : jurisdiction and localisation

Abstract

The relationship between jurisdiction and the Internet is quite ambiguous since the traditional concept of jurisdiction is based predominantly on geographical boundaries where each state has the sovereign right to exercise jurisdiction over its territory. The Internet however, transcends geographical borders, blurring, if not eradicating, the traditional notions of state and national boundaries. The Internet's challenge to traditional concepts of jurisdiction and governance is generally speaking based on two factors - the difficulty of localalising online users the lack of a geographical localalisation and a specific "owner" of the Net writ large. The aim of the dissertation is to analyse the current legal infrastructure that determines jurisdiction and· choice of law issues both from· a local and an international perspective. It asks whether this legal infrastructure is comprehensive, and what is required to fill in the lacunae, especially on an international level with regard to Internet governance. This is done through the use of. test-cases, which either range from common Internet activities that in a normal case would trigger civil and commercial law provisions, to an illegal and more dangerous situation that is in violation of criminal law. The rationale is that given the steady increase in the number of Internet users over the past years in Malta, the local courts will soon have to face such an event. A global perspective on the legal situation of the Internet is also taken. Certain issues are governed by adequate international regulation; other issues are regulated by Private International Law rules, some of which are drawn up to form conventions and treaties. The dissertation tackles the problems of weak regulation and areas which are not regulated at all, and proposes solutions to update existing laws as well as proposals to fill in the legal gaps, making use of existing models of laws. It also looks at the Internet structure, identifying areas which are inadequately regulated and linking this with the need to have an international framework to regulate the Internet, given that there is still no consensus on issues related to Internet governance. Given the vast economic interests involved, it is highly unlikely that powerful states would agree to lessen their control and share it with other states unless they are offered an adequate framework monitored by a tried-and-tested institution to which they have already adhered to, which is working well, and which can regulate Internet Governance.